Sec. 23A-13. - Authority and Responsibility of Committee.

(a)

The Committee shall determine on the basis of the Initial Study and in accordance with the standards delineated in the Act, Guidelines, and this ordinance, whether or not the public project may have a significant effect on the environment.

(b)

In the event that the Committee determines that the public project will not have a significant effect on the environment, then the Committee shall direct the Lead Department to prepare a Negative Declaration which shall include the information required by Section 15071 of the Guidelines.

(c)

The Committee may recommend mitigation measures which, if included as part of the project, would substantially reduce or avoid any potentially significant adverse effects of a project identified in the Initial Study. In the event that the project is so revised by agreement of the Lead Department in accordance with Section 15070 of the Guidelines and the Committee determines that all of the potentially significant adverse effects of the project identified in the Initial Study are mitigated to a point where 1) no clearly significant effects would occur or 2) there is no substantial evidence that the project as revised may have a significant effect on the environment, the Committee shall direct the Lead Department to prepare a Negative Declaration in accordance with Section 15071 of the Guidelines.

(d)

In the event that the Committee determines that the public project may have a significant effect on the environment, then the Committee shall determine the scope of the required EIR and shall direct the Lead Department to prepare the EIR or to contract for its preparation. If there is a previously prepared EIR which the Committee determines to be applicable to the project, the Committee shall direct the Lead Department to utilize said EIR to the extent possible. A Subsequent or Supplemental EIR shall only be required upon a finding that specified conditions set forth in Sections 15162 and 15163 of the Guidelines are met.

(Ord. No. 3411 § II.)

Sec. 23A-14. - Negative Declaration: Public Notice and Review

(a)

In accordance with Sections 15072 and 15073 of the Guidelines, the Lead Department shall provide notice to the public of the preparation of a Negative Declaration at least ten (10) days prior to final adoption of the Negative Declaration by the Board of Supervisors unless the project will be considered by the Planning Commission pursuant to Sec. 23A-15 in which case the Lead Department shall provide such public notice

at least ten (10) days prior to the Planning Commission's consideration. In either case, notice shall at minimum, state the name and location of the proposed project, the name and address of the Department where the Negative Declaration and written comments, if any, can be reviewed, where written comments should be sent and the deadline for receiving all written comments. Notice shall also describe the nature of the project in a manner that can reasonably be understood by the lay public. Notice shall also be provided to all persons and entities who have requested notice pursuant to Section 23A-11(c).

ere the Negative Declaration and written comments, if any, can be reviewed, where written comments should be sent and the deadline for receiving all written comments. Notice shall also describe the nature of the project in a manner that can reasonably be understood by the lay public. Notice shall also be provided to all persons and entities who have requested notice pursuant to Section 23A-11(c).

(b)

The Lead Department shall provide notice of a proposed Negative Declaration to every Responsible agency and Trustee agency concerned with the project and every other public agency with jurisdiction by law over natural resources affected by the project. In the event that the Negative Declaration must be submitted to the State Clearinghouse for review pursuant to Sections 15073, 15205, and 15206 of the Guidelines, the noticed review period shall be at least thirty (30) days unless a shorter period is approved by the Clearinghouse.

(Ord. No. 3411 § II.)

Sec. 23A-15. - Negative Declaration Public Project Decision.

(a)

If the public project is one (1) which requires a determination under Government Code Section 65402 or is listed in Section 23A-4(v)(4), the negative declaration together with any written comment(s) thereon shall be made available by the lead department to the planning commission for its consideration and review. Thereafter, the negative declaration, written comments thereon, and planning commission recommendations shall be submitted to the board of supervisors prior to the board's final action. In the event that the project does not require a determination under Government Code Section 65402 and is not included under Section 23A-4(v)(4), the negative declaration and written comments thereon shall be submitted directly to the board of supervisors by the lead department with the comments of the planning director.

(b)

The Board of Supervisors shall review and consider the Negative Declaration and comment(s), if any, and either adopt or reject the Negative Declaration prior to making a decision on the public project. If the Board of Supervisors rejects the Negative Declaration, then the Board may refer the project to the Lead Department for preparation of an Environmental Impact Report or disapprove the project. If the Board adopts the Negative Declaration, then it may proceed to approve or disapprove the public project.

(c)

In the event that subsequent changes are proposed in a project which will require important revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental impacts not addressed in the previous EIR or Negative Declaration on the project, then a revised environmental document shall be processed in accordance with this ordinance and the information contained therein shall be reviewed and considered prior to approval of said changes.

(Ord. No. 3411 § II)

(Ord. No. 6523, § VI(Exh. C), 6-3-2025)

Sec. 23A-16. - Negative Declaration: Notice of Determination.

Within five (5) working days of the date of final approval by the Board of Supervisors of a public project for which a Negative Declaration has been adopted, the Lead Department shall file a Notice of Determination in accordance with Section 15075 of the Guidelines with the County Clerk(s) of the County(ies) in which the public project will be located. If the project requires discretionary approval from any State agency, the Lead Department shall also file a Notice of Determination with the Office of Planning & Research. Upon return of the Notice by the Clerk(s), the Lead Department shall retain the Notice of Determination for at least nine (9) months after posting by the Clerk(s).

(Ord. No. 3411 § II.)

Sec. 23A-17. - EIR: Responsibility of the Lead Department.

After receiving direction to prepare an EIR, the Lead Department shall either (1) prepare an EIR or (2) engage the services of an outside consultant for the purpose of preparing an EIR. The EIR shall be prepared in accordance with Articles 9, 10, and 11 of the Guidelines.

(Ord. No. 3411 § II.)

Sec. 23A-18. - DEIR: Notice of Preparation.

The Lead Department shall send to each Responsible Agency a Notice of Preparation stating that an EIR will be prepared. This notice shall also be sent to every federal agency involved in approving or funding the project and to those trustee agencies responsible for natural resources affected by the project. Pursuant to Section 15082(b) of the Guidelines, responses to the Notice of Preparation should be accepted as soon as possible but not later than forty-five (45) days after the Notice of Preparation is sent out. The Notice of Preparation shall meet the requirements of Section 15082(a) of the Guidelines and shall be sent by certified mail or other method of transmittal which provides a record of receipt of the notice by each agency The Lead Department or consultant may begin preparation of but may not complete the DEIR prior to receiving all of the responses to the Notice of Preparation.

(Ord. No. 3411 § II.)

Sec. 23A-19. - DEIR: Early Consultation

Prior to completing a DEIR, the Lead Department should, in accordance with Section 15083 of the Guidelines, consult directly with any person or entity which it believes would be concerned with the environmental effects of the project. The Lead Department should further consult with the appropriate federal agency whenever there is federal involvement with the project in order to determine whether or not an EIS will be required. If both an EIR and an EIS are required, the documents should be prepared jointly, if possible, in accordance with Article 14 of the Guidelines.

(Ord. No. 3411 § II.)

Sec. 23A-20. - DEIR: Notice of Completion.

When the DEIR is completed, the Lead Department shall file a Notice of Completion with the State Office of Planning and Research or State Clearinghouse as provided in Section 15085 of the Guidelines and Public Resources Code 21161. The Lead Department shall also consult with and seek to obtain comments on the DEIR from each Responsible Agency and Trustee or other agencies with authority over resources which may be affected by the project, and should so consult with any person or entity which it believes would have special expertise or special concern with respect to any environmental impact involved.

(Ord. No. 3411 § II.)

Sec. 23A-21. - DEIR: Public Notice.

When the Lead Department sends out a Notice of Completion pursuant to Section 234-20 it shall also provide public notice of the completion of the DEIR in accordance with Section 15087 of the Guidelines. The notice shall, at a minimum, state the name and location of the proposed project, the name and address of the department where the DEIR and written comments, if any, can be reviewed, where written comments should be sent and the deadline for receiving all written comments. Notice shall also describe the nature of the project in a manner that can reasonably be understood by the lay public. Notice shall be provided to all persons and entities who have requested notice pursuant to Section 23A-11(c).

(Ord. No. 3411 § II.)